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Topic Other Boards / Foo / charged & arrested, I am distraught
- By tashina [gb] Date 02.03.05 23:45 UTC
Bit of a long story but I will try and keep it short.  Last year my 15 yr old daughter had a problem with a girl from her school. This girl harrased her bullies her and finally assaulted her, all out of school.  I went to the police who served her with a caution for the harrasment, they couldn't go with the assault, i am not clear why. But I was happy that they had at least done something.
My daughter is no longer at the same school so didn't see this girl at least not until last saturday.
My daughter was with her friends at mc donalds, thsi girl was there so they left, the girl then followed with her friends, walked by the side of my daughter, threatened to hit her again, my daughter was very scared phoned home and my husband quickly went to get her, the girl and her friends were still there, they gave a lot of abuse and swearing to my husband but he told them he would go to the police, you can imagine what they said.
When my daughter got home, she told me what happened, this is where the big mistake is, we decided that while the girl was still in town that I might try to speak to her mother, to give her mum the chance to talk to her daughter so it wouldn't resort to me going back to the police again and getting this girl into more trouble.
Just as I arrived the girl was walking towards her door, I asked her if her mother was in to which she replied no, then I asked if her father was there, she said " I aint got one" so I said I would knock on the door anyway as I thought she may be lying, whilst on the doorstep I asked her what was the problem that she had with my daughter, she denied everything and said it was her mates, I then shouted at her and asked her if she wanted me to go to the police again, she didn't seem phased at all and just said "whatever" she then opened her front door and went inside, I shouted at her to leave my daughter alone and we left.
Next day I have the police at my house arresting and charging me with criminal damage and violence to gain entry.
I was utterly shocked, in tears and at my witts end, they said her lock had been broken, other than initially knock at the door I did not touch the door or break a lock, I am just an ordinary  45 yr old mum of 3, I have never been charged with anything in my life, I have never been violent to anyone or anything anything, I am quite a placid person by nature, and shouting at this girl was the worst thing I would have done.
I cannot afford expensive solicitors, but a local solicitor will meet me at the police station and this will be free for the interview.
I am terrified, I just cannot understand how this girl can say whatever she likes and have this happen to me, I feel it is in retaliation for me getting her into trouble last year, or maybe they think they can gain some money from this, I have hardly slept or eaten and I still have to wait another 5 days of stress before I am interviewed.
Any mums out there, please dont be as naive as I have been by putting yourself in a vulnerable situation, never talk to a child or parent for that matter if you have any problems because this is what can happen. sorry this is so long.
- By lel [gb] Date 02.03.05 23:49 UTC
There is such a thing as malicious prosecution - you might want to ask your solicitor about this :(

Good luck
- By tashina [gb] Date 02.03.05 23:58 UTC
thank you lel

I know nothing about the law, but I will ask about that because I really do feel this is pure nastiness, and a very dangerous young lady as I feel she must have broken the lock herself, or her family may have come up with the idea. In the meantime, I am left worried sick, even though I know these are terrible lies.
- By lel [gb] Date 03.03.05 00:00 UTC
If you have any previous evidence as to what this person has done, gather it together.
Also if you have any witnesses or people who may make a statement etc

:)
- By tashina [gb] Date 03.03.05 00:07 UTC
Unfortunately only my daughter was with me, she was prepared to tell the mum what had happened, other than that I dont think there were any witnesses, the only good thing I suppose is the fact that the police do have all the information about her caution for harrasing my daughter last year. I truly hope they will see this for what it is, revenge I suppose, or getting some money from me, I really dont understand these sort of people, it's been an eye opener for my daughter, she is so upset and feels angry on my behalf, and she truly is a great girl, she's had to put up with so much, and now we have this on our plate.
- By lel [gb] Date 03.03.05 00:08 UTC
What about any CCTV in the area?
- By tashina [gb] Date 03.03.05 00:11 UTC
No, unfortunately it was a small cul de sac. but some of the neighbours must have heard me shout at her, hopefully this will have drawn attention, hopefully the police may have asked the neighbours if they saw anything, I dont know, it's not a nice area, but I just pray someone decent will have witnessed what happened.
- By polly_45 [gb] Date 03.03.05 00:22 UTC
Hi get your solicitor to ask the police what grounds they have for charging you with criminal damage, how on earth did you manage to break a lock with your hands, or possibly by body force, it take quiet a lot of pressure to force a door open and i dont believe you could of caused this by just giving it a push, you fight your case and explain everything to your lawyer even regarding the police caution on the other girl, as a police caution is on file for 5yrs good luck
- By tashina [gb] Date 03.03.05 00:36 UTC
thanks for your reply polly,

I dont think I will know what this girl has said until I go for my police interview, the policeman only told me that their lock had been broken, he would not say anything else,he said that it had to be on tape, they arrested me and charged me at my house and arranged for me to go the police station on monday as I had a younger child with me and it was 8.40 in the evening, my husband had in fact left that day to go back to work, (he works away from home) so the police officer did not make me got to the station that night, which is why I now have a stressful wait.
- By polly_45 [gb] Date 03.03.05 02:34 UTC
Hi If i was you i would be onto a lawyer asap, i dont think that a police officer can actually charge you at your own address, without first questioning you, then you have the right to have a solicitor with you.Did the police officer read you your rights and ask you to sign a charge form.I am led to believe that you can only be charged with a offence at a police station, try not to worry you will get it sorted, good luck
- By Blue Date 03.03.05 12:20 UTC
You will be interviewed as standard practice and a report may be sent to the procurator fiscal who will the decide if there is any wrong been done. ( She/he has the say what happens) Although it is worrying , try not to it will sort itself out.

The police don't actually do the charging although it is often worded like that they only do the reporting.

If you are awfully worried where it affects you every thought speak to a solicitor who will put your mind at ease.

Evidence is generally always required for criminal convictions and as there is none you should be OK.
- By poppynurse [gb] Date 04.03.05 11:28 UTC
Have you reported the threatening behaviour of this girl towards your daughter - I would do so straight away.
Hang on in there - it sounds like this family may well be known to the police but they have to question you because a complaint has been made.
The fact that when they arrested you they didn't take you straight to the police station suggests that they are not taking thiss too seriously. They would have been within their rights to take you in immediately regardless of your daughter - if you could not arrange care they would have called social services.
Hope all goes well :)
- By digger [gb] Date 03.03.05 03:53 UTC
Just because you have been charged, doesn't mean it will go to court - the processes have to start somewhere, and for some reason they seem to think there MAY be a charge to answer as obviously you didn't deny being there.  Hang on in there, as a first offense I don't think there is much they can do (but I do understand how you feel, nobody wants something like that hanging over them {{{{{{{hugs}}}}}}})
- By LF [gb] Date 03.03.05 07:48 UTC
Tashina,

How horrible for you, you must be worried sick.  Try not to fret though, the police will listen to what you say and it may well go no further than that.  If it does, you may very well be entitled to legal aid and the solicitor you see on Monday will be able to tell you about this. 

How things have changed nowadays, and for the worse.  Donkey's years ago my big brother was attacked by three boys when he was cycling home from school.  My Dad knew all their fathers, so he jumped on brother's bike, rode round all three houses and saw the fathers for a quiet word about their sons' behaviour.  The boys never laid a finger on my brother again, no doubt because the dads had had something to say to them when they got home!  Your experience shows that this wouldn't work nowadays; what on earth has happened to make people so nasty now? :(

Good luck, I'm sure it will all be sorted soon in your favour :)

Lesley
- By Lindsay Date 03.03.05 09:00 UTC
I'm so sorry for your trouble, just hang on in there,

Lindsay
X
- By Blondiflops [gb] Date 03.03.05 09:54 UTC
Don't worry, the truth will always out!!

My boyfriend was falsely arrested for ABH accused by an ex girlfriend,the police could tell she was just bitter about something and knew that she was lying through her teethy. T
The police aren't stupid they see situations like this all the time and Im certain that the charges will be dropped, lack of evidence for one thing

They can see through liars!

Be strong and you'll be fine and try not to be too rattled, you know you have done nothing wrong so you have nothing to hide!!!
- By luvly [gb] Date 03.03.05 13:16 UTC
people are terrible liars :rolleyes: hopefuly you will prove this . and then she will of wasted police time . think of as many ways u can to prove your innocent , not suprised her kid acts that way now huh
- By Blondiflops [gb] Date 03.03.05 13:29 UTC
Exactly...they have to prove that you've done it and as they are making it up their stories will not colaborate and it will be obvious that its a pack of lies.

Especially if you've already been to the police about it.

Your poor daughter, How awful this must all be for her.
- By abbymum [gb] Date 03.03.05 14:25 UTC
Poor you I hope everything works out the way it should.
Mary
- By tashina [gb] Date 03.03.05 14:36 UTC
Thank you so much for all your replies, in answer to someones question, sorry cant remember who, I was arrested at home and the police did read the "anything you say will be taken in evidence"  they did not take me to the police station because I was on my own with a younger child and it was 8.40 in the evening, they would not listen to what I had to say because they said it had to be in a taped interview.
I am so worried still, even though I know I have done nothing wrong, I will let you all know on Monday how I get on, and once again thank you so much for your kind words of support.
- By ice_queen Date 03.03.05 15:55 UTC
I'm sorry I can't give you any advice but I would just like to say good luck so....

Good luck!
- By digger [gb] Date 04.03.05 11:43 UTC
Any news?
- By Moonmaiden Date 04.03.05 12:08 UTC
They have to "read you your rights"(Its called Miranda in the states)as part of PACE(Police & Criminal Evidence Act 1984)  & this is what is called the caution

Once a police officer has reason to believe that a person has committed an offence they must caution that person. The caution is that the person need not say anything but if they do not say anything, which they later use in their defence the court, may decide that the personÆs failure to mention it strengthens the case against them. A record will be made of anything that person says and it may be used in evidence if that person is brought to trial.

I have in my time cautioned a fair few people & you cannot be interviewed about any alleged offence without being cautioned first & cases fail if the interview was not called out under caution

Do make sure you have your solictor with you before you are interviewd(they will call in a Duty Solicter who should have a lot of experience in dealing with police interviews)& he/she should insist on having a chat with you first. Don't be overly concerned the majority of people cautioned never reach court & has already been pointed out they have to prove you guilty in court & you don't have to proce innocence

It can be very daunting  being interviewed under caution & your solictor will be able to advise you on what questions you need to answer as of course you have the right to silence. If you get upset your solicitor should ask for a break & for you to have time to get your self together

You might find this link & this one helpful

I would buy myself a big bar of chocolate(or other comfort food) & try to chill out(easy to say of course) I'm sure everyone o here is behind you & sending positive thoughts
- By LJS Date 04.03.05 19:01 UTC
Yes lets hope that this is all resolved soon and the family get prosecuted for wasting police time.

keep positive and it will all work out for you ;)

Lucy
xx
- By tashina [gb] Date 05.03.05 01:01 UTC
Hello everyone

Have just popped back to the boards and noticed some added replies.
Digger I'm afraid I probably wont have any news until after my police interview on monday.
moon maiden thank you very much for those links and supportive words.
As the week has gone on I've hardly blinking eaten, just have that horrible butterfly not nice feeling in my stomache. Have gradually spoken to some of my friends, they cannot believe this has happened to me, I think because they know me well it's probably as shocking for them as me, all have offered to be with me at the police station which is very good of them because they know my husband works away, but he is back now and will be there with me, it gets scarier though as people have told me I will be finger printed and have to give a DNA test, my hands will be shaking.
If this family wanted revenge, they certainly have it already,if they knew what they have put me through this week, and my daughter, I can only say they would have to be very hard hearted not be satisfied knowing the worry and stress they have caused me.
Once again my thanks to you all, posting late again as cant get to sleep.
Thank you once again, will let you all know the outcome on monday
I hope and pray the policemen will believe me and I can get back to normal. thanks.
- By Moonmaiden Date 05.03.05 10:37 UTC
Even if they do DNA & fingerprint you don't worry I doubt this will come to court so the DNA etc will be destroyed

Glad your hubby is home to support you.

Be strong & hold your head up high & most of all believe in yourself

Many times the police have to investigate stuff they know is not true, but have to go through the motions in order to be seen as being impartial. I know my late friend who was a well respected police officer often told me that if they were allowed to go on"gut"instincts the police would be able to spend more time on real crimes & cut out stuff like you are going through now. He told me of a chap he knew was always up to something illegal but was rarely caught, he saw this chap on the street one day after a local house had been burgled. He called to the chap from his panda car that he wanted to see him at the station, when the chap turned up at the station he confessed all to the desk sargeant & was very worried that my friend had manged to work out that he had done the "job"Actually my friend hadn't any evidence but just had a gut feeling that this chap was involved !
- By digger [gb] Date 05.03.05 11:02 UTC
Oh Tashina, how I feel for you, it's so frustrating when the police get their time wasted by low lifes like these people, when the 'real criminals' seem to get away with almost anything......  Do keep us informed, vent, whatever you like.  I really don't know how I'd handle a situation like this, but I do know there is always someone here for support.  Take care.......
Topic Other Boards / Foo / charged & arrested, I am distraught

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